696 20 70359 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Monday, January 14, 2002 3:40 PM World Trade Center Compensation I feel that that the federal governments offer to the victims of the World trade Center attacks is unjust and unfair! I feel that it's unjust to take away any monies because someone had the foresight to try and provide for there family if something where to happen to them. Why should the fact that my wife paid her taxes and was able to insure that our 1 year old child would get social security be held against her and our child. Why should the fact that my wife being a women means she would have earned less then a man. That sounds like sexist thoughts. My wife was just as good has any man on the face of the earth! If not better!! Where is the justice for my wife and the three thousand victims of this attack? I thought that the federal government looked out for it's people? How can you put a cap on pain and suffering? According to the offer, these last four months of waiting for my wife to be returned to us, is worth $250,000. There is a good chance that we may never get closure in this for my family. How can you put a price tag on what we have been going thru? My government has made me and my family feel like we do not matter. Please tell me what it's worth for a baby to have to grow up without ever knowing his mother? The only why our son will know his mother, is from the stories that family and friends will tell him over the years. My son and all the children left behind from this attack on the United States are the biggest victims of all. What is that worth? I don't feel like anyone I know is trying to become rich from this event. But the truth is we are trying to make sure we get justice. And we want to insure our children are secure for the rest of their lives. The Government offer is unjust! I thought that the governments offer was a effort to head off mass lawsuits. It seems to me that with this offer, you are pushing us towards suing the airlines, the Port Authority and the Government and so many others. Please help all the victims of the World Trade Center attacks. Remove the caps, take away nothing from the amount of the award and make a fair offer to all. My name is &nbsp&nbsp&nbsp&nbsp . My address is &nbsp&nbsp&nbsp&nbsp . Individual Comment Middle Village NY September 11 Email: Date The local time and date when the message was written. 2002-01-14 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN001594.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-01-14 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Friday, March 01, 2002 11:10 AM A flawed survey The vote.com news flashes, which appear as "comments on the Interim Final Rule", reflect the distortion advanced by the Special Master. While the caption listed in the comments is DOES THE GOVERNMENT'S AID PROGRAM FOR FAMILIES OF SEPT. 11 VICTIMS GO FAR ENOUGH" The real question posed is: isn't $1.65 Million enough? "The families will get an average of $1.65 million each to help them rebuild their lives" is the caption of the 'yes' vote, but of course 'get' is not defined and it depends what your definition of 'get' is. It is all the same remarkable that some souls actually voted for "After all the loss, pain and suffering, the amount to be given is ludicrous" $1.65 million that is. If only the lie were the truth. The math is simple. The Airline Bailout Law gives the government the right to recover $6 billion from the airlines' insurance, hence the $6 billion "budget for the program," However, as Feinberg is an overachiever it appears that the net outlay from the Fund will be closer to $1.5 to 2 billion for the 3000 victims families. Go do the math. Individual Comment Newtonville MA September 11 Email: Date The local time and date when the message was written. 2002-03-01 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojP000576.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-01 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. December 13, 2001 Special Master Kenneth R. Feinberg September 11th Victim Compensation Fund U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 To Mr. Feinberg: I am writing to urge you to ensure fair treatment for all surviving families of the tragedy on September 11th, including the children and families of low-wage workers and gay and lesbian families. Under traditional rules based on lost wages, the survivors of a bond trader earning millions of dollars per year might receive thousands of times as much compensation as the survivors of a dishwasher in one of the restaurants destroyed. Justice requires looking far beyond the last paycheck to the inherent worth of all those killed, so that a high minimum compensation level is set to lessen the disparities. It would be a double blow to the survivors to first lose their loved one and then watch as most of the taxpayer money went to those who were already well off in the first place. The second major issue has to do with recognizing the legitimacy of gay and lesbian relationships and families. Gay and lesbian families are especially vulnerable when one partner is killed. Because the option of marriage is unavailable, these families may find themselves in the traumatic predicament of having to prove that their union is legitimate. Fortunately, both the Red Cross and the State of New York have already announced that they will not discriminate against gay and lesbian families. The Department of Justice should do the same. Thank you for considering my comments. I look forward to hearing how you will act on these very important issues. Sincerely, Individual Comment Wausau, WI September 11 Email: Date The local time and date when the message was written. 2001-12-13 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA003258.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-13 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Friday, January 11, 2002 1:40 PM 911 Fund comment Special Master Feinberg: As an attorney providing pro bono representation to a widow of a Port Authority emplyee killed in Tower One who left, an addition to his wife, five young children, please add these to my previous comments: 1. Presumed compensation for non-economic loss per dependant should be increased to a minimum of $100,000 per dependant. 2. No collateral source deductions should be made from any payments for non-economic loss. To do so would be contrary to the law of virtually every state in a wrongful death litigation; 3. There should be a maximum dollar set off for collateral source benefits of $500,000. Deductions in excess of that amount would emasculate the purpose of the Fund, and, as a result, thousands of claimants might well choose to forego claims from the Fund and thrust these claimants into what will be an overburdoned litigation system. Individual Comment Newark, NJ September 11 Email: Date The local time and date when the message was written. 2002-01-11 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN001525.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-01-11 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. December 13,2001 Special Master Kenneth R. Feinberg September 11th Victim Compensation Fund U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 To Mr. Feinberg: I am writing to urge you to ensure fair treatment for all surviving families of the tragedy on September 11th, including the children and families of low-wage workers and gay and lesbian families. Under traditional rules based on lost wages, the survivors of a bond trader earning millions of dollars per year might receive thousands of times as much compensation as the survivors of a dishwasher in one of the restaurants destroyed. Justice requires looking far beyond the last paycheck to the inherent worth of all those killed, so that a high minimum compensation level is set to lessen the disparities. It would be a double blow to the survivors to first lose their loved one and then watch as most of the taxpayer money went to those who were already well off in the first place. The second major issue has to do with recognizing the legitimacy of gay and lesbian relationships and families. Gay and lesbian families are especially vulnerable when one partner is killed. Because the option of marriage is unavailable, these families may find themselves in the traumatic predicament of having to prove that their union is legitimate. Fortunately both the Red Cross and the State of New York have already announced that they will not discriminate against gay and lesbian families. The Department of Justice should do the same. Thank you for considering my comments. I look forward to hearing how you will act on these very important issues. Sincerely, Individual Comment Frankewing, TN September 11 Email: Date The local time and date when the message was written. 2001-12-13 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA001819.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-13 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Thursday, November 08, 2001 8:43 AM victims As the former Crime Victims Assistance Coordinator for the New York State Attorney Generals Office, under Atttorney General Dennis Vacco, I have had the unfortunate opportunity of dealing with victims compensation. This situation has hit me personally. My young cousin lost her young husband on 9-11. The maze she has had to endure going through with these charities is crule. The solution is so simple. Everything that was collected after 9-11 was ear marked for the victims of this tradgey only. The pain and suffering is equal among the survivors, so must be the amounts of the money. All these charities need is to employ simple division. The amount taken in divided by the Number of victims. No data base needed, a copy of the New York Times's list of names and a calculator. The Red Cross and the United Way must be told This is a New Day it is not business as usual. All Charities must follow the same simple division. The good people who sent in their money expect it to be divided equally. You cannot peanialze the victim who lived on a budget and whose bills add up to $1,500 per mo. against those who's bill amount to $5,000 per mo. It doesen's matter........all should be equal, as the pain and suffering are equal. If $ 7,000 was collected and their are 7,000 victims each gets a $1.00. The way things are being handeled will cause resentment with in the victim community...It is not the job of the charity to pick and choose (no matter what method the apply) who is intitled to what. EQUAL is the only fair way to both the victims and the donors. These charities should not concern themselves with the finances of the victims or what Insurance is paying out to them. It is not their job to figure any thing out. They don't even neeed staff, just a calculator. God Bless America Individual Comment September 11 Email: Date The local time and date when the message was written. 2001-11-08 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojW000245.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-11-08 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Tuesday, March 12, 2002 5:43 PM Is this TRUE? To Whom It May Concern: Please tell me that this story is not going to be true. Please tell me that OUR COUNTRY, government and THE FUND have progressed to the point of HONORING the people; who put OTHERS above themselves; the way that GOD and his teachings have been passed down from my Grandmother(s) and spiritual leaders; and NOT to the point of CHOOSING who is a HERO; due to something that is NOT EVEN your business. If there is one thing that I have learned; thru my short time on this earth; it is that I AM NOT PERFECT; and I have YET to meet a perfect person(s). I have aspired to obtain a better understanding of what I BELIEVE that GOD wants me to become; and that is a person that loves, cares and HONORS every living being. From which I can learn something. The tragedy of September 11th, is something I had prayed the UNITED STATES of AMERICA would never had to have experienced. Are we to perpetuate the NEGATIVITY of the situation by disconcerting the people(s) FEELINGS; their Pain and anguish; by SETTING boundaries AFTER the FUND has already been established? This would strongly suggest; that the FUND-raisers that I personally helped put together; would have been done with a fraudulent overtone. That disturbs me. The people that help SAVE; OUR FELLOW human beings; fellow CHILDREN of GOD; did so; without reservations; SHOULD we NOT follow their example? Sincerely; Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-03-12 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR000501.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-12 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. December 13, 2001 Special Master Kenneth R. Feinberg September 11th Victim Compensation Fund U.S. Department of Justice 950 Pennsylvania Avenue NW Washington, DC 20530 To Mr. Feinberg: I am writing to urge you to ensure fair treatment for all surviving families of the tragedy on September 11th, including the children and families of low-wage workers and gay and lesbian families. Under traditional rules based on lost wages, the survivors of a bond trader earning millions of dollars per year might receive thousands of times as much compensation as the survivors of a dishwasher in one of the restaurants destroyed. Justice requires looking far beyond the last paycheck to the inherent worth of all those killed, so that a high minimum compensation level is set to lessen the disparities. It would be a double blow to the survivors to first lose their loved one and then watch as most of the taxpayer money went to those who were already well off in the first place. The second major issue has to do with recognizing the legitimacy of gay and lesbian relationships and families. Gay and lesbian families are especially vulnerable when one partner is killed. Because the option of marriage is unavailable, these families may find themselves in the traumatic predicament of having to prove that their union is legitimate. Fortunately, both the Red Cross and the State of New York have already announced that they will not discriminate against gay and lesbian families. The Department of Justice should do the same. Thank you for considering my comments. I look forward to hearing how you will act on these very important issues. Sincerely, Individual Comment Seatac, WA September 11 Email: Date The local time and date when the message was written. 2001-12-13 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA004654.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-13 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Saturday, March 16, 2002 2:52 PM please reconsider Albany, CA Kenneth L. Zwick, Director Office of Management Programs Civil Division U.S. Department of Justice Main Building, Room 3140 950 Pennsylvania Avenue Washington, DC 20530 Dear Mr. Zwick, I am writing to express my dismay and anger at your decision to leave gay and lesbian partners of victims of the 9/11 attacks out of the compensation program. The terrorists certainly didn't distinguish between Americans when launching the attack, and by failing to recognize the sanctity of gay and lesbian relationships you re-victimize people who have certainly suffered enough. I urge you to reconsider this decision, and offer full and equal compensation to gay and lesbian partners. Sincerely, Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-03-16 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR001017.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-16 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Monday, November 26, 2001 11:40 AM FleetBoston Financial's Comments Attachment 1: November 24, 2001 Kenneth L. Zwick Director, Office of Management Programs Civil Division U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 SENT VIA E:MAIL Dear Mr. Zwick: In response to the request for public comments regarding the September 11th Victims Fund established by Congress to provide assistance to those directly effected by the tragic events of September 11th, I write to you today to express FleetBoston Financial's thoughts and experiences on the recognition of domestic partners. We at FleetBoston Financial, the nation's 7th largest financial services company, strongly support the swift action of Congress to create this Fund. And, I am writing today to express our hope that these regulations will ensure that the Fund will provide equitable compensation to all victims of this tragedy without regard to their sexual orientation. Since 1996, FleetBoston Financial has recognized the domestic partners of our gay and lesbian employees. We did so for one simple reason... so we could ensure that our gay and lesbian employees received the same rights and benefits as their straight colleagues. To do anything less in society today, would be to condone discrimination practices. Something we wanted no part of. We also knew that we needed to redefine our traditional definition of family and recognize that our gay and lesbian employees were members of a new type of family. Our domestic partner benefits ensure that partners of our gay and lesbian not only receive the same health benefits as our straight employees, but that our employees' partners are protected and are recognized with across all benefits, including death. As a company with more than 55,000 employees worldwide, we were especially fortunate not to lose one employee in the attacks of September 11th. Amazing, when you consider that two of the flights originated from our headquarter city of Boston. Rest assured if we had lost an employee, one who happened to be gay, we would have fully recognized their partner if they had been in a committed relationship. We did have close to 30 employees who lost a significant other (wife, husband, partner) in the attacks. Again, you can be assured that we are treating the surviving family members with equal respect, assurances and condolences whether they be straight or homosexual relationships. And, I ask that the September 11th Victim Compensation Fund of 2001 does so as well. It really is the only right thing to do. Sincerely, Comment By FleetBoston Financial Boston, MA September 11 Email: Date The local time and date when the message was written. 2001-11-26 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojW000566.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-11-26 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Saturday, March 16, 2002 2:32 PM To Whom It May Concern, Can anyone explain to me how the powers that be in the U.S. can justify compensating loved ones of the victims of 9/11 (e.g. illegal aliens, fetuses), except the partners of gays and lesbians? This policy is an outrage and clearly prejudicial! Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-03-16 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR000981.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-16 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Saturday, December 22, 2001 12:30 AM Grant Equal Access to Crisis Relief Benefits for Surviving Gay and Lesbian Partners December 22, 2001 Dear Mr. Kenneth Zwick, I write as a member of Amnesty International, a worldwide human rights movement committed to ensuring respect for the basic human rights of people without discrimination, in support of equal access to benefits under the September 11 Victims Relief Fund for all victims, regardless of sexual orientation or marital status. As you know, the United States has committed to uphold international human rights standards, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which prohibit arbitrary discrimination. As you consider rules for administering the relief fund, I ask that you apply basic international human rights standards, and the general principle of equality, by including among relatives eligible for compensation those who lost their life partners, as well as de facto parents or children, without regard to sexual orientation or marital status. The State of New York has already adopted such a policy, granting compensation benefits "on a showing of mutual interdependence with the victim, in recognition that anyone who shared with the victim living expenses, day to day activities and the emotional bonds of family deserves help in this time of need." Many lesbian and gay people were killed in the September 11th attacks. Since then, lesbian and gay surviving partners of those killed have had mixed results in obtaining equal treatment at the local level in the distribution of relief funds by private and state agencies. An inclusive policy on the part of the federal government would help establish an important principle for other such funds. In compensating victims, real justice will be served only when all families - and all types of families - impacted by the human rights tragedy of September 11 are treated with dignity and equality. Thank you for considering my concerns. I look forward to hearing from you about your efforts to ensure that all surviving victims of the September 11 attacks have equal access to the relief fund. Sincerely, Individual Comment Eugene , OR September 11 Email: Date The local time and date when the message was written. 2001-12-22 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN000645.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-22 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Friday, December 21, 2001 3:47 AM Amnesty International request Kenneth L. Zwick, Director Office of Management Programs U.S. Department of Justice Fax (301) 519-5956 Dear Mr. Zwick, I am a member of Amnesty International, a worldwide human rights movement committed to ensuring that the basic human rights of people are respected without discrimination. International human rights standards including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights prohibit arbitrary discrimination and the US government is obligated to respect these rights. We therefore request that the Justice Department, consistent with such international human rights standards, and the general principle of equality, include among relatives eligible for compensation those who lost their life partners as well as de facto parents or children, without regard to sexual orientation or marital status. We ask the Justice Department to follow the positive example of New York state in granting compensation benefits "on a showing of mutual interdependence with the victim, in recognition that anyone who shared with the victim living expenses, day to day activities and the emotional bonds of family deserves help in this time of need." We remind Justice Department officials that real justice is only served when all families - and all types of families - impacted by the human rights tragedy of September 11 are treated with dignity and equality. We thank you very much for the attention. Regards, Individual Comment September 11 Email: Date The local time and date when the message was written. 2001-12-21 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN000207.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-21 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Kenneth L. Zwick, Director Office of Management Programs Civil Division U.S. Department of Justice Main Building, Room 3140 950 Pennsylvania Avenue Washington, DC 20530 Dear Mr. Zwick, On my behalf please urge the Department of Justice to draft regulations that ensure compensation is available to all victims of the attack, including the committed partners and the non-biological children of gay and lesbian victims. The devastating grief and economic losses suffered by the families of gay and lesbian victims are no less than that of other families. The terrorists drew no lines in choosing their victims, our country must NOT draw lines in compensating those who suffered the most personal of losses from these horrific attacks. Honor these bonds by treating the families of gay & lesbian victims as you would any other family. Sincerely, Thank you- Individual Comment Marina, CA September 11 Email: Date The local time and date when the message was written. 2002-01-31 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA005492.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-01-31 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Saturday, March 16, 2002 3:23 PM (no subject) I am disgusted and outraged at the decision not to compensate gay and lesbian partners of victims of the terrorist attacks. There is no justifiable reason for this except that America is once again turning her back on her gay and lesbian citizens. The reason given for this atrocity is that state laws have to be followed. But what about federal law regarding illegal aliens? Why is it that federal law can be broken, but state law cannot? I believe that this is just an excuse to discriminate against gays and lesbians. This decision makes their deaths look less meaningful than the deaths of others. And this is not the case. Please change this decision so that ALL Americans get compensated in the same way, for the same amounts. Don't turn your back on these forgotten heroes and their families. Individual Comment Columbus, Ohio September 11 Email: Date The local time and date when the message was written. 2002-03-16 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR001038.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-16 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Tuesday, December 18, 2001 8:58 PM A Matter For Your Attention December 18, 2001 Dear Mr. Kenneth Zwick, I write as a member of Amnesty International, a worldwide human rights movement committed to ensuring respect for the basic human rights of people without discrimination, in support of equal access to benefits under the September 11 Victims Relief Fund for all victims, regardless of sexual orientation or marital status. As you know, the United States has committed to uphold international human rights standards, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which prohibit arbitrary discrimination. As you consider rules for administering the relief fund, I ask that you apply basic international human rights standards, and the general principle of equality, by including among relatives eligible for compensation those who lost their life partners, as well as de facto parents or children, without regard to sexual orientation or marital status. The State of New York has already adopted such a policy, granting compensation benefits "on a showing of mutual interdependence with the victim, in recognition that anyone who shared with the victim living expenses, day to day activities and the emotional bonds of family deserves help in this time of need." Many lesbian and gay people were killed in the September 11th attacks. Since then, lesbian and gay surviving partners of those killed have had mixed results in obtaining equal treatment at the local level in the distribution of relief funds by private and state agencies. An inclusive policy on the part of the federal government would help establish an important principle for other such funds. In compensating victims, real justice will be served only when all families - and all types of families - impacted by the human rights tragedy of September 11 are treated with dignity and equality. Thank you for considering my concerns. I look forward to hearing from you about your efforts to ensure that all surviving victims of the September 11 attacks have equal access to the relief fund. Sincerely, Individual Comment Spanaway, WA September 11 Email: Date The local time and date when the message was written. 2001-12-18 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA002347.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-18 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Monday, March 18, 2002 12:52 PM 9/11 fund discrimination To whom it may concern, I am writing this letter to express my concern and to let you know that I am outraged that gay and lesbian partners of those who died on September 11 are not automatically going to receive the same benefits as heterosexual spouses. Did they not suffer a loss? Did this horrific incident not affect their lives? Are their finances not as reduced? Should they lose their homes just because they loved differently? This terrible and tragic attack was on ALL of AMERICA, not just on heterosexuals! We MUST end the discrimination. This attack on our country should have shown us all what is important and what is not. By discriminating on the basis of sexual orientation we are teaching our children that Gays are "less" than straights, this fosters hate. HATE is NOT an American value! Respectfully submitted, Individual Comment Tulare, CA September 11 Email: Date The local time and date when the message was written. 2002-03-18 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR001908.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-18 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. November 1, 2001 Dear Acting Associate Attorney General Perry: We submit this letter to set forth the comments of the State of New York and the City of New York on the recently enacted Air Transportation Safety and System Stabilization Act ("ATSSSA") and, specifically, the provisions establishing procedures and standards for compensating victims who suffered injury or death as a result of the September 11th terrorist attacks. As you undoubtedly appreciate, New Yorkers and other injured in New York as a result of the terrorist attacks at the World Trade Center constitute the vast majority of those harmed on September 11th. To be an effective and meaningful vehicle for victim compensation, the ATSSSA must be interpreted and administered in a manner that gives full force to Congress' clear statement of the purpose of ATSSSA, which is "to provide compensation to any individual (or relatives of a deceased individual) who was physically injured or killed as a result of the terrorist-related aircraft crashes of September 11, 2001." §403. The attached memorandum sets forth our comments and recommendations in detail. As you will see, based upon the language of the statute and the intent of Congress, we recommend that the regulations: * provide that all individuals in New York City physically harmed by the airline crashes, the collapse of the World Trade Center, or the smoke and debris resulting from those events are eligible to submit claims for compensation; * ensure that the individuals working to extinguish the ongoing fires, clear debris, and recover remains, including the police officers, firefighters, construction workers and other emergency personnel who have been injured during this difficult effort, are not excluded from the claims process: * make clear that individuals who suffered any physical harm are able to file claims; * define the "personal representative" of the decedent who may file a claim according to state estate law; * provide that a victim's compensation include any pecuniary losses specifically enumerated in the statute, as well as any other compensable under state law; and * make clear that a claimant's compensation may be reduced only by the amount of the collateral source compensation the claimant is legally entitled to receive as a result of the terrorist-related aircraft crashes of September 11, 2001. The issue of collateral source compensation is of particular importance. ATSSSA defines the term "collateral source" as "all collateral sources, including life insurance, pension funds, death benefit programs, and payments by Federal, State, or local governments related to the terrorist-related aircraft crashes of September 11, 2001." §403(4). As the attached memorandum makes clear, statutory language, the intent of Congress, analogous provisions of New York State law, and public policy all point to a definition of "collateral source" that includes only legally-required monetary payments, and not assistance from family and friends, charitable contributions in-kind benefits, or payments contingent upon future events. Finally, we offer various suggestions for the claims form and the rules for submission of evidence. For example, while documentation should be required for establishing medical expenses, it should not be required to demonstrate physical harm, because many individuals who were physically harmed either did not seek medical attention or received medical care at a triage location where no documentation was kept. Liberal procedures should permit claimants to present newly discovered evidence of harm or other losses(e.g., latent injuries or future medical expenses). Thank you for considering our views on this important matter. If you have questions regarding any of the issues discussed in this letter or the attached memorandum, please feel free to contact Counsel to the Governor James McGuire, Deputy Attorney General Debra Cohn or Deputy Counsel to the Mayor Larry Levy. We look forward to working with you to serve all the victims of the September 11th terrorist attacks. Sincerely, Comments by: James McGuire, Counsel to Governor George Pataki David Nocenti, Counsel to Attorney General Eliot Spitzer Dennison Young, Jr., Counsel to Mayor Rudolph Giuliani Attachment 1 COMMENTS OF THE STATE OF NEW YORK AND THE CITY OF NEW YORK ON THE AIR TRANSPORTATION SAFETY AND SYSTEM STABILIZATION ACT This memorandum sets forth the comments of the State of New York and the City of New York on the recently enacted Air Transportation Safety and System Stabilization Act ("ATSSSA"). In particular, the memorandum comments on ATSSSA's procedures and standards for compensating victims who suffered injury or death as a result of the September 11th terrorist attacks. Title IV of ATSSSA, which is the "September 11th Victim Compensation Fund of 2001," establishes two vehicles for victims to obtain compensation: 1) a claims process administered by the Attorney General, acting through a Special Master; and 2) a federal cause of action with exclusive jurisdiction in the Southern District of New York. This memorandum concerns the former, the administrative claims process. ATSSSA states that "the purpose of this title [is] to provide compensation to any individual (or relatives of a deceased individual) who was physically injured or killed as a result of the terrorist-related aircraft crashes of September 11, 2001." §403 (emphasis added). New Yorkers and others injured in New York as a result of the terrorist attacks at the World Trade Center constitute the vast majority of those harmed and the regulations issued by the Department of Justice must fulfill the intent of Congress by ensuring that full compensation is provided to all such victims. I. POTENTIAL CLAIMANTS. A. INDIVIDUAL VICTIMS. The ATSSSA defines individuals who are eligible to file a claim with the Special Master as: (A) an individual who- (i) was present at the World Trade Center, (New York, New York), the Pentagon (Arlington, Virginia), or the site of the aircraft crash at Shanksville, Pennsylvania at the time, or in the immediate aftermath, of the terrorist-related aircraft crashes of September 11, 2001; and (ii) suffered physical harm or death as a result of such an air crash; (B) an individual who was a member of the flight crew or a passenger on [the aircrafts subject to terrorist-related crashes on September 11, 2001;] or (C) in the case of a decedent who is an individual described in subparagraph (A) or (B), the personal representative of the decedent who files a claim on behalf o the decedent. Sec. 405(c)(2) Thus, certain terms are critical to determining the eligible claimants: 1) "was present at the World Trade Center, New York, New York," §405(c)(2)(A); 2)"the immediate aftermath" id.; 3) "suffered physical harm" §§405(a)(2)(B)(i), 405(c)(2)(A); and 4)"personal representative of the decedent," §405(c)(2)(C). This memorandum discusses each in turn. The proposed definitions and standards set forth below aim to fulfill the congressional purpose of compensating all the victims. Where appropriate, references to New York law are provided. The proposals also draw on definitions, standards, and procedures used by federal, state, and local government agencies to identify and provide services to the victims of the World Trade Center tragedy. Finally, several other goals helped shape the proposed definitions: equity among victims; administrative ease; and discouraging fraud and abuse. 1. "Present at the World Trade Center, New York, New York" The phrase "present at the World Trade Center, New York New York" should be defined to cover al individuals in New York City harmed by the airline crashes, the collapse of the World Trade Center, or the smoke and debris resulting from those events. The vast majority of those victims were located in Manhattan south of 14th Street, but the regulations should ensure that individuals outside that area, who also were physically harmed, are allowed to file claims. The federal, state, and local governments already recognize that the effects of the World Trade Center attacks extended beyond the narrow confines of the twin tower complex. On September 13, 2001, President Bush signed a disaster declaration, making individuals in all five counties in New York City eligible for assistance. On September 11, New York City Police Department closed all streets in Manhattan south of 14th Street. Debris was found in parts of Brooklyn and Queens. For several days following the attack, the "red zone" restricted area included all of Manhattan south of 14th Street. Even now, more than a month after the crashes, the restricted area exceeds a 16 acre zone. FEMA's Mapping and Analysis Center (MAC) received remote sensing data on the days after the attacks, indicating that areas affected by the disaster were far-reaching. The available information documents that the ash and debris traveled across all of downtown Manhattan. A photograph of lower Manhattan taken on September 12, 2001, shows that, even 24 hours later, the ash and debris continued to travel north of Chambers Street and across the East River into Brooklyn. Defining "present at the World Trade Center, New York, New York," as covering all individuals who were in New York City who were harmed by the airline crashes, the collapse of the World Trade Center, or the smoke and debris resulting from those events, would ensure that all individuals who were physically harmed as a result of the crashes of September 11, can file claims, while offering administrative ease to the Department of Justice. An alternative definition would frustrate congressional purpose and consign victims physically harmed by the terrorist attacks to an uncertain future by being forced to litigate in the Southern District of New York. 2. "At the Time, or the Immediate Aftermath" The World Trade Center disaster response is still continuing. Although most of the areas in Manhattan outside the "red zone" have been cleared of debris, the "red zone" itself remains an active disaster site, with fires still burning, and the search for bodies continuing. Just as a forest fire does not end the moment it is lit, but continues until the fire is extinguished, so too does the World Trade Center disaster. Undoubtedly, Congress intended that the firefighters, police officers and other emergency and construction workers who continue to work at the site should be covered by the victim compensation scheme. In light of the congressional intent, and the Presidential disaster declaration, the phrase "at the time or the immediate aftermath" should be defined to continue until the fires have been extinguished, the debris cleared, and a determination has been made that no other bodies remain at the site. 3. "Suffered Physical Harm" ATSSSA provides that a person is eligible under the statute if he or she meets the "present at" requirement and suffered "physical harm" or death as a result of one of the crashes. §405 (c)(2)(a)(ii). The regulations, therefore, should make clear that an otherwise eligible person may apply for an award as long as he or she can show any physical harm. This is consistent with the purpose of the statute, which is to compensate "any individual" who was physically injured or killed as a result of the aircraft crashes of September 11, 2001. §403. Neither the statement of purpose nor the eligibility language requires that the injury or harm be "serious" or otherwise meet an arbitrary threshold. Cf. 29 U.S.C. §654(a)(l) (OSHA imposes duty on employer to provide working environment free from hazards likely to cause death or "serious physical harm"; 30 U.S.C. §1291(8) (Surface Mining Control and Reclamation Act of 1977 addresses condition which could reasonably be expected to cause "substantial physical harm" to persons outside permit area); 42 U.S.C.§14952 (b)(1)(Secretary of State may waive laws governing intercountry adoptions to prevent "grave physical harm" to child); N.Y. Ins. Law §§5102, 5104 (person injured in automobile accident can bring pain and suffering claim only if he suffered "serious injury"); Oberly v. Bangs Ambulance, Inc., 96 N.Y. 2d 295 (2001)(No- Fault Law requires "serious injury" before injured party may bring tort action for noneconomic loss, pain and suffering). Although victims who suffered any physical harm should be allowed to file a claim, the amount of the award, of course, will depend upon the extent of the harm to the claimant. §§405(b)(1)(B)(i) and (ii). B. "PERSONAL REPRESENTATIVE" OF INDIVIDUAL VICTIMS. "Personal representative" should be defined according to applicable state law. The New York Estates, Powers, and Trusts Law ("EPTL") defines a "personal representative" as "a person who received letters to administrate the estate of a decdent". EPTL §1-2.13. A person who receives letters to administrate a decedent's estate must be either a "distributee" (a decedent's adopted or biological relative) if the person died without a will, a person named as executor or executrix if decedent had executed a will, the public administrator (if decedent dies without known relatives or a will), or a person appointed by the court as temporary administrator. EPTL §§4-1.1; 5-4.1; 5-4.5; N.Y. Surr. Ct. Proc. Act. §1001. Letters of administration must be granted to persons who are distributees of a person who died without a will in the following order: surviving spouse; children; grandchildren; parents; siblings; and then any other persons who are distributees.. N.Y. Surr. Ct. Proc. Act §1001. The distributees also may consent, if unanimous, to appointment of a non- distributee. Id. §§ 1001. 1002. A personal representative of a deceased may bring a wrongful death action on behalf of the distributee of the deceased to recover the pecuniary damages suffered by the distributee as a result of the decedent's death, EPTL §5-4.1; see EPTL §§4-1.1,5-4.5, or an action to recover for injuries, including conscious pain and suffering, suffered by the decedent prior to his death EPTL §11-3.1. The damages recovered in a wrongful death action are to be distributed by the personal representatives to the relatives of the deceased as specified in EPTL §§4-1.1, 5-4.4(a) and 5-4.5, without going through the estate, and in proportion to the pecuniary injuries suffered by each of them. EPTL §5-4.4(a)(l). II. AMOUNT OF COMPENSATION. The ATSSSA provides that "the amount of compensation is based on the harm to the claimant, the facts of the claim, and the individual circumstances of the claim." §405(b)(ii). The Special Master will determine the extent of the harm to the claimant, including any economic and noneconomic losses. §405(b)(1)(B)(i) A. ECONOMIC LOSSES. ATSSSA defines the term "economic loss" to mean: any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. §402(5). The state law applicable to the victims harmed in New York will in most instances be New York law. See generally Babcock v, Jackson, 12 N.Y. 2d473 (1963). New York law allows all the types of economic loss enumerated in ATSSSA. Consistent with ATSSSA's purpose - - "to provide compensation to any individual (or relatives of a deceased individual) who was physically injured or killed as a result of the terriorist- related aircraft crashes of September 11, 2001" - ATSSSA and New York law in a wrongful death action allow for recovery of all pecuniary losses resulting from the decedent's death. See EPTL § 5-4.3 (damages in wrongful death action consist of fair and just compensation for "pecuniary injuries" suffered by distributees of decedent including but not limited to medical, nursing and attention expenses, funeral expenses); Loetsch v. New York City Omnibus Corp., 291 N.Y. 308 (1943) (pecuniary losses include loss of financial support); EPTL §5-4.3, Practice Commentaries (pecuniary losses Attachment 2 Wasau Business Insurance Companya/s/o Central Synagogue v. Turner Construction Co., et al., No. 99 CIV 0862 (RWS)(amicus brief) Attachment 3 New York Crime Victims Board Website September 11 Email: Date The local time and date when the message was written. 2001-11-01 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojW000749.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-11-01 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Tuesday, December 18, 2001 9:47 PM September 11 Victims Relief Fund December 18, 2001 Dear Mr. Kenneth Zwick, I write as a member of Amnesty International, a worldwide human rights movement committed to ensuring respect for the basic human rights of people without discrimination, in support of equal access to benefits under the September 11 Victims Relief Fund for all victims, regardless of sexual orientation or marital status. As you know, the United States has committed to uphold international human rights standards, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which prohibit arbitrary discrimination. As you consider rules for administering the relief fund, I ask that you apply basic international human rights standards, and the general principle of equality, by including among relatives eligible for compensation those who lost their life partners, as well as de facto parents or children, without regard to sexual orientation or marital status. The State of New York has already adopted such a policy, granting compensation benefits "on a showing of mutual interdependence with the victim, in recognition that anyone who shared with the victim living expenses, day to day activities and the emotional bonds of family deserves help in this time of need." Many lesbian and gay people were killed in the September 11th attacks. Since then, lesbian and gay surviving partners of those killed have had mixed results in obtaining equal treatment at the local level in the distribution of relief funds by private and state agencies. An inclusive policy on the part of the federal government would help establish an important principle for other such funds. In compensating victims, real justice will be served only when all families - and all types of families - impacted by the human rights tragedy of September 11 are treated with dignity and equality. Thank you for considering my concerns. I look forward to hearing from you about your efforts to ensure that all surviving victims of the September 11 attacks have equal access to the relief fund. Sincerely, Individual Comment San Jose, CA September 11 Email: Date The local time and date when the message was written. 2001-12-18 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA002400.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-18 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, March 20, 2002 7:58 PM To those responsible for distribution funds: Thank you for proceeding through to disperse funds. My request is simple. There are ppl who we as Americans view as heroes. There are numerous ppl who will suffer the most personal of losses. Some of those ppl are our sons, daughters, mothers and fathers. Most of these ppl are Americans, some are from other countries - Some are here illegally. All will suffer. Some of the heroes in this great tragedy are heterosexual and some not. Some of these ppl were asexual, celibate or homosexual. My request is simple. Please provide funds to all ppl who will personally suffer. Whether those ppl are lovers or family by birth. For lack of a special piece of paper, some will be denied their reimbursement. As an American, please be fair, please be just. If it would have been you or me who had suffered personal loss, I dare say that lack of a special piece of paper in the form of a marriage certificate or citizenship papers would certainly frustrate an already tragic situation. thank you, Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-03-20 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR002426.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-20